Expungement / Record Sealing Petition and Eligibility Memo — Utah

Expungement / Record Sealing Petition and Eligibility Memo (UTAH)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [LAW FIRM]
RE: Eligibility for Expungement under Utah Code Title 77, Chapter 40a (Clean Slate Utah)
DATE: [__/__/____]

1. Executive Summary

Utah's expungement framework is housed in Title 77, Chapter 40a, and reflects the state's 2019–2022 Clean Slate Utah reforms. Relief proceeds along two tracks:

1. Automatic expungement under § 77-40a-205. The Bureau of Criminal Identification (BCI) identifies "clean slate eligible cases" — certain Class A, B, and C misdemeanors, acquittals, and dismissals — and forwards them to the courts for automatic sealing. The automatic program was paused from October 2024 through December 2025 for data-integrity work and resumed on January 1, 2026. Counsel should not rely on automatic processing for time-sensitive matters.

2. Certificate-and-petition expungement under §§ 77-40a-201 through -303. The petitioner applies to BCI for a Certificate of Eligibility, then files the certificate plus a Petition for Expungement (CJD 1101) in the district court of conviction within 180 days of the certificate's issuance. The court reviews waiting periods, numeric limits, completion of sentence, prosecutor and victim positions, and discretionary factors, and either grants the petition on the papers or sets it for hearing.

Based on the facts provided, [PETITIONER NAME] is [ELIGIBLE / NOT YET ELIGIBLE / INELIGIBLE] under Utah Code § [____], for the reasons stated below.

2. Petitioner Information

3. Waiting-Period Analysis (Utah Code § 77-40a-303(1))

4. Numeric Limits and Conduct Bars (§ 77-40a-303(4)–(5))

5. Categorical Exclusions (Utah Code § 77-40a-302)

If any category above applies, petitioner is categorically ineligible regardless of waiting-period and numeric satisfaction.

6. Clean Slate Automatic Pathway (§ 77-40a-205)

7. Recommendation

[Based on the analysis above, recommend (a) applying to BCI for a Certificate of Eligibility on or after [__/__/____], then filing CJD 1101 within 180 days; (b) waiting for automatic Clean Slate processing if eligible and not time-sensitive; (c) curing eligibility gaps before applying to BCI. Identify any cure steps (restitution payoff, waiting-period completion, sentence termination) that must precede the application.]

Part B — Petition Template

In the [JUDICIAL DISTRICT] District Court, [COUNTY] County, State of Utah
Case No.: [________________]

PETITION FOR EXPUNGEMENT OF CONVICTION PURSUANT TO UTAH CODE § 77-40a-303

Petitioner [PETITIONER NAME], by and through undersigned counsel, respectfully petitions this Court under Utah Code § 77-40a-303 for an order expunging the conviction and all related records identified below. In support, Petitioner states:

I. Petitioner

1. Petitioner's full legal name is [PETITIONER NAME].
2. Petitioner's date of birth is [__/__/____].
3. Petitioner's current address is [________________________________].
4. Petitioner's BCI Number, if known: [________].

II. Conviction Sought to Be Expunged

5. On [__/__/____], in this Court, Petitioner was convicted of [OFFENSE NAME], in violation of Utah Code § [________], a [3rd-degree felony / Class A misdemeanor / Class B misdemeanor / Class C misdemeanor / infraction], in Case No. [________].
6. Petitioner was sentenced to [SENTENCE], including [____] year(s) of probation/parole.
7. Petitioner completed the sentence, including all probation, parole, restitution, fines, and supervision fees, on [__/__/____].
8. Petitioner is not currently incarcerated, on probation, or on parole.
9. Petitioner has paid all court-ordered financial obligations. (Receipts attached as Exhibit A.)

III. Certificate of Eligibility (§§ 77-40a-201, -202)

10. On [__/__/____], the Utah Bureau of Criminal Identification issued a Certificate of Eligibility for the conviction identified above. A true and correct copy is attached as Exhibit B.
11. This Petition is filed within 180 days of the issuance of the Certificate, as required by § 77-40a-303(2).

IV. Statutory Waiting Period (§ 77-40a-303(1))

12. The applicable waiting period under § 77-40a-303(1) for the conviction class identified above is [3 / 4 / 5 / 7 / 10] year(s) from the date Petitioner completed the sentence.
13. More than [3 / 4 / 5 / 7 / 10] year(s) have elapsed since Petitioner's completion date of [__/__/____].

V. Numeric Limits and Conduct Bars (§ 77-40a-303(4)–(5))

14. Petitioner has no more than the number of convictions permitted under § 77-40a-303(4)–(5).
15. Petitioner has not been convicted of any offense during the applicable waiting period.
16. Petitioner has no criminal proceedings currently pending in any jurisdiction.

VI. Categorical Eligibility (§ 77-40a-302)

17. The conviction identified above is not categorically excluded under § 77-40a-302. Specifically, it is not (a) a capital felony; (b) a first-degree felony; (c) a second-degree forcible felony; (d) a violent felony under § 76-3-203.5; (e) a felony DUI; (f) automobile homicide; (g) a registrable sex offense; or (h) an offense requiring child or vulnerable-adult abuse offender registration.

VII. Interests of Justice (§ 77-40a-303(8))

18. Granting expungement is consistent with the public interest. In support, Petitioner attaches:
    - Employment history and letter(s) from current employer (Exhibit C);
    - Educational records and certifications (Exhibit D);
    - Letters of community reference (Exhibit E);
    - Records of treatment, counseling, or rehabilitation (Exhibit F);
    - Statement of personal hardship caused by the record (Exhibit G).

VIII. Relief Requested

WHEREFORE, Petitioner respectfully requests that this Court:

A. Set this Petition for hearing if the prosecuting agency objects within sixty (60) days of service;
B. Find that Petitioner has satisfied all eligibility requirements of Utah Code §§ 77-40a-302 and 77-40a-303;
C. Enter an order pursuant to § 77-40a-305 expunging the conviction and all related records held by the Utah Bureau of Criminal Identification, the arresting agency, the prosecuting agency, the Department of Corrections (if applicable), the Driver License Division (if applicable), and any other agency holding records of the offense;
D. Direct that the conviction be deemed not to have occurred, and that Petitioner may lawfully answer that the events did not occur, subject to the limitations of § 77-40a-305(3) and § 77-40a-306;
E. Grant such other relief as the Court deems just and proper.

DATED this ___ day of ______________, 20___.

_______________________________
[ATTORNEY NAME], Utah Bar No. [______]
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner

Certificate of Service

I certify that on [__/__/____] a true copy of the foregoing Petition was served on the [Prosecuting Agency — e.g., [COUNTY] County Attorney / Utah Attorney General], the Utah Bureau of Criminal Identification, and any named victim(s) by [METHOD consistent with Utah R. Civ. P. 5].

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Pull BCI criminal history (Utah Code § 77-40a-201)
☐ Pull certified copies of judgment, sentencing order, probation/parole discharge
☐ Confirm offense is not categorically excluded under § 77-40a-302 (capital, 1st-degree, 2nd-degree forcible, violent, felony DUI, sex offense, automobile homicide)
☐ Confirm classification (felony / Class A / Class B / Class C / infraction / DUI) and corresponding waiting period (7 / 5 / 4 / 3 / 10 years)
☐ Confirm completion of sentence (probation, parole, restitution, fines, fees) — obtain final discharge letter
☐ Confirm numeric limits under § 77-40a-303(4)–(5)
☐ Confirm no convictions during waiting period and no pending charges
☐ Identify victim(s), if any, and confirm notice address

BCI Application

☐ Complete BCI Application for Certificate of Eligibility
☐ Submit fingerprints if required
☐ Pay BCI fee ($65/case + agency-specific fees) — verify current schedule
☐ Receive Certificate of Eligibility (allow 4–6 months)
☐ Calendar 180-day deadline to file in court

Court Filing

☐ Complete Form CJD 1101 (Petition for Expungement of Records — Conviction) or CJD 1109 (acquittal/dismissal)
☐ Attach BCI Certificate of Eligibility as Exhibit B
☐ Attach proof of completion of sentence and restitution (Exhibit A)
☐ Attach rehabilitation evidence (Exhibits C–G)
☐ Tender court filing fee (verify current schedule)
☐ File in district court of conviction
☐ Serve prosecuting agency, BCI, and victim(s) by certified mail or per Utah R. Civ. P. 5
☐ Calendar prosecutor's 60-day objection deadline

Hearing (If Prosecutor Objects)

☐ Prepare petitioner to testify on rehabilitation and hardship
☐ Prepare reference witnesses if available
☐ Brief the § 77-40a-303(8) "interests of justice" factors
☐ Be prepared to address victim concerns

Post-Order

☐ Obtain certified copies of expungement order
☐ Serve order on: BCI (mandatory), arresting agency, prosecuting agency, court clerk, Department of Corrections (if applicable), Driver License Division (if applicable), and private background-check vendors
☐ Confirm BCI repository update (allow 60–90 days)
☐ Provide client written confirmation of expungement, including § 77-40a-305 language permitting denial of events
☐ Advise client of remaining federal-disclosure obligations (ATF Form 4473, immigration filings, security clearance applications)
☐ Advise client of § 77-40a-306 inspection exceptions (criminal-justice agencies, certain licensing boards, subsequent prosecution)

Sources and References

• Utah Code § 77-40a-101 (Definitions): https://le.utah.gov/xcode/Title77/Chapter40A/77-40a-S101.html
• Utah Code Chapter 77-40a (Expungement of Criminal Records): https://le.utah.gov/xcode/Title77/Chapter40A/77-40a.html
• Utah Code § 77-40a-205 (Automatic expungement of state records for a clean slate case): https://law.justia.com/codes/utah/title-77/chapter-40a/part-2/section-205/
• Utah Courts — Expunging Adult Criminal Records: https://www.utcourts.gov/en/self-help/case-categories/criminal-justice/expunge.html
• Utah DPS — Bureau of Criminal Identification, Expungements: https://bci.utah.gov/expungements/
• Utah DPS — BCI Auto Expungement / Clean Slate: https://bci.utah.gov/clean-slate-expungement/
• Collateral Consequences Resource Center — Utah Restoration of Rights: https://ccresourcecenter.org/state-restoration-profiles/utah-restoration-of-rights-pardon-expungement-sealing/